Carlsbad Wrongful Death Lawyer
Many accidents cause fatal injuries, and surviving family members are often shocked when their loved one passes away following a car, truck, or other accident. These accidents are often avoidable—unfortunately, this is cold comfort to those who lost a parent or spouse. At Pursley Law Firm, we have a deep understanding of California’s wrongful death law. Many family members can seek compensation from the person or business responsible for their loved one’s death, as our Carlsbad wrongful death lawyer explains below.
A Closer Look at Wrongful Death
Under California law, a wrongful death is any death caused by the negligence, recklessness, or intentional act of another person. Almost any act could qualify as a wrongful death if your loved one dies. Violent attacks also qualify.
Only certain family members can bring a wrongful death claim, however:
- Domestic partner
- Grandchildren (if no children survive)
- Minor children dependent on the deceased
- Anyone entitled to your loved one’s property under intestate succession
The purpose of a wrongful death claim is to force the person liable for your loved one’s death to pay compensation. Of course, no amount of money will ever make up for the loss of a close family member. Still, money damages are what a court can award, and you can seek money for:
Financial support your loved one would have provided had they lived;
- Lost household services provided, such as child care, cooking, laundry, etc.;
- Lost gifts or benefits;
- Funeral and burial expenses;
- Loss of protection, affection, moral support, society and companionship;
- Loss of sexual intimacy if your spouse dies.
The amount you qualify for will depend on many considerations. Someone who is in their 30s and is highly educated probably would have earned much more income over their lifetime than a spouse in his 70s who is retired. We will gladly review the facts to provide an estimate of the value of your claim.
Wrongful death claims are very complex, and evidence is often missing. Your loved one who endured the accident is no longer with us to tell what happened, and the defendant might outright deny liability. Your loved one’s comparative negligence also matters. For example, your spouse could have been struck while jaywalking. That means he bears some fault for the crash, which could reduce the amount of compensation you receive. And if your loved one was 100% responsible, then you can’t receive any compensation.
Confidential, Compassionate Legal Representation
At Pursley Law, we bring a sensitivity to our legal representation that is rare. This is a sad time for all involved, and we acknowledge that everyone grieves in their own way. Still, you have a short window of opportunity to seek a wrongful death settlement or file a lawsuit based on your loved one’s death. These claims often provide important sources of compensation for families struggling with the death of a major breadwinner. Call us to get started on your case. Our Carlsbad wrongful death lawyer can meet for a confidential consultation at a time and place that is convenient for you.